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Back on November 4, 2022, NACDL’s then President Nellie L. King wrote to Director Peters to amplify the association’s call for (1) permitting privileged and unmonitored email communications between attorneys and clients in both pretrial and post-conviction settings and (2) for a “help desk” to facilitate scheduling of privileged attorney-client telephone calls.
We have seen the DOJ Advisory Group’s July 20, 2023, Report and Recommendations... In general, we think many of the recommendations are sensible. But some of them are troubling.
Featuring Pat Cresta-Savage, Gabriel Reyes, Jack Donson, and Elizabeth Blackwood
https://www.nacdl.org/Map/State-of-Pr...​
In this webinar, we address the ethical implications of government surveillance and client communications. Defense lawyers regularly use phone calls, texts and emails to communicate with clients, investigators, witnesses and others associated with their cases. Many of these communications are privileged, yet government surveillance programs can capture and store them. We explore how this happens, and how defense lawyers can keep their communications out of government hands.
On behalf of NACDL, I urge you to pass the bipartisan Effective Assistance of Counsel in the Digital Era Act, H.R. 546/S. 3524, before the 117th Congress adjourns. The bill ensures that email communications between people in Federal Bureau of Prisons custody and their legal teams are protected with the same privilege as legal visits, letters, and phone calls. This legislation passed in the House with overwhelming bipartisan support in a 414-11 vote. The action by the House and bipartisan sponsorship for the Senate bill indicates a high level of support for this common-sense reform.
Speakers: Kristin Henning, Georgetown Law; Dr. Jennifer Woolard, Georgetown University
In February 2020, the NACDL Corrections and Public Defense Committees asked NACDL membership about how it communicated with clients in custody. The survey focused particularly on lawyers’ ability to communicate with their detained and incarcerated clients. We focus here on findings regarding confidentiality, a key requirement of attorney-client communication.
Comments to the Judicial Conference of the United States Practice & Procedure Committee regarding a proposed amendment to define how federal courts should navigate an emergency suspension of rules (new Criminal Rule 62), such as those posed by COVID-19 and directed by the CARES Act (H.R. 748, 2020).
Attorney-client communications federal caselaw and state-specific anecdotal data in New Hampshire
Attorney-client communications federal caselaw and state-specific anecdotal data in Guam
Attorney-client communications federal caselaw and state-specific anecdotal data in New Jersey
Attorney-client communications federal caselaw and state-specific anecdotal data in Vermont
Attorney-client communications federal caselaw and state-specific anecdotal data in Wyoming
Attorney-client communications federal caselaw and state-specific anecdotal data in Wisconsin
Attorney-client communications federal caselaw and state-specific anecdotal data in West Virginia
